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Clearlake City Zoning Code

18-25 NONCONFORMING

STRUCTURES

18-25.010 Intent.

Within the districts established by this Zoning Code or amendments thereto, there exist structures and characteristics of uses which were lawful prior to the adoption of or amendments to this Zoning Code, but which, by reason of such adoption or amendment, fail to conform to the present requirements of the zoning district. It is the purpose of this article to:

a. Permit the continued operation of such structure while guarding against such uses becoming a threat to more appropriate development;

b. Provide for the eventual elimination of those structures likely to be most objectionable to their neighbors and which are deemed to be harmful to the community environment and not in the best public interest; and

c. Limit the number and extent of nonconforming structures by prohibiting their movement, alteration or enlargement in a manner that would increase the discrepancy between existing conditions and standards prescribed in this Zoning Code and by regulating their restoration after major damage. (Ord. #271-2025, S2 (Exh. A))

18-25.020 Regulations.

a. Replacement of Damaged or Destroyed Nonconforming Structures.

1. Any nonconforming building or structure that has been damaged by more than sixty (60%) percent of its then appraised value for tax purposes, exclusive of the foundations at the time of damage, shall not be restored or reconstructed and used as before such damage or destruction.

2. If less than sixty (60%) percent of the nonconforming building or structure is damaged above the foundation, it may be restored, reconstructed or used as before; provided, that all restoration or reconstruction shall be substantially completed within six (6) months of such damage or destruction.

3. Increasing the square footage of a nonconforming residential structure does not constitute adding to or enlarging for purposes of this section; provided, that no additional dwelling unit is created and such increase otherwise conforms to applicable development standards.

b. Repairs, Alterations and Relocation.

1. Repairs. Such repairs and maintenance work as required to keep the nonconforming building or structure in sound condition may be made.

2. Alterations.

(a) In General. Enlargements or alterations may be made to a nonconforming structure only if the enlargements or alterations are consistent with all applicable district standards.

(b) Single-Family and Duplex Structures. Nonconforming single-family and duplex structures may be altered if the structure was legally built prior to the effective date the zoning ordinance amendment rendered the structure nonconforming.

(c) Accessory Structures and Garages. Accessory structures, including garages, which were legally built prior to the date a zoning ordinance amendment rendered the structure nonconforming may be altered or expanded, provided the alterations comply with applicable parking requirements. Nonconforming garages or storage buildings may not be expanded to include a habitable space nor converted to a habitable space.

(d) An accessory or junior accessory dwelling unit that conforms with the standards in this chapter will not be required to correct a nonconforming zoning condition.

c. Relocation. A nonconforming structure shall not be moved unless it conforms to the standards of all applicable district standards at its new location. (Ord. #271-2025, S2 (Exh. A))